SAGANA v. TENORIO

No. 03-15779.

384 F.3d 731 (2004)

Bonifacio Vitug SAGANA, Plaintiff-Appellant, v. Joaquin A. TENORIO, in his official capacity as Secretary of the Department of Labor and Immigration, Commonwealth of the Northern Mariana Islands, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 7, 2004.

As Amended, October 18, 2004.


Attorney(s) appearing for the Case

Joe Hill, Saipan, MP, for the plaintiff-appellant.

James D. Livingstone, Assistant Attorney General, Saipan, MP, for the defendant-appellee.

Before: SCHROEDER, Chief Judge, GOODWIN, and WALLACE, Circuit Judges.


GOODWIN, Circuit Judge.

Bonifacio Vitug Sagana appeals the district court's denial of his motion for summary judgment challenging the Nonresident Workers Act ("NWA"), 3 N. Mar. I.Code § 4411 et seq. (1999), of the Commonwealth of the Northern Mariana Islands ("CNMI"). He argues that the NWA restricts his right to freely market his labor in violation of 42 U.S.C. § 1981 and the Fourteenth Amendment's equal protection and due process clauses. The defendant...

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